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Matshelo AJ

[1]                 The applicant seeks condonation application for the late filing of its application for leave to appeal. The court handed down its ex-tempore judgment on 5 June 2026. The applicant filed her leave to appeal on the Judiciary’s court online electronic filing platform on 26 June 2026, and filed a hard copy on 7 July 2026.

[2]                 The applicant submitted to pay the costs of the application unless the application is opposed. The first and second respondents did not oppose the application for condonation.

[3]                 I heard both the application for condonation and leave to appeal, though counsel for applicant was not aware that the application for condonation had been filed. However, he addressed the court on it, and counsel for respondents chose not to oppose the granting thereof.

[4]                 The applicant states that on 26 June 2026 he caused the application for leave to appeal to be submitted online. He understood that the application was timeously submitted. However, on 3 July 2026 he received an email notification to the effect that the document had been rejected. The reason for the rejection, with an added message by the registrar, was, ‘You should file hard copies.’

[5]                 The applicant states that on 3 July 2026 he learned that a person who deals with appeals at the High Court, the appeals and review registry clerk, was out of office when his candidate attorney, Ms Michaela Swart, attempted to file a hard copy.

[6]                 On 6 July 2026, upon the appeals and review registry clerk's return to office, Ms Swart was informed that the application for leave to appeal must be accompanied by a court order and judgment. The Applicant states that on 7 July 2026, he took appropriate steps to ensure that the hard copy filing bundle, with the court order and judgment, was prepared and filed.

[7]                 The applicant states that the delay was slight and was not occasioned by any disregard of the rules of the court or any wilful default on his part. He further states that he had already taken steps to file the application within the stipulated time by submitting the application online on 26 June 2026.

[8]                 The applicant states that respondents will not suffer any prejudice if condonation is granted because the delay is minimal and concerns filing and not any substantive failure to prosecute the application. He further states that the respondents were aware of his leave to appeal since 26 June 2026.